Business and Dealings

Not specifying the salary of the employee in the contract

Q: I have a question for Mufti Saheb regarding a business contract for an employee. 

I am an optometrist and have my own optometry practice. It is the main source of my income to run my home. I am hiring another optometrist to run the business so that I can increase my studies. 

The going rate for an optometrist is around R25 000 a month in KZN. 

I have offered this person a salary of R15 000 with the incentive of earning 50% of the profits from the business every month. 

In the expenses of the business I have stipulated R25 000 as a salary for myself to run my expenses. I will still assist in the decision making and management of the practice. As the sole owner of the business. Is it permissible for me to take this R25 000 salary as part of the business expenses not to be included in the profit. 

The expenses are all shared with the optometrist I wish to hire so that there is full transparency.

Buying and selling fake goods

Q: I would like to know what is the masaail concerning fake goods. As a retailer stocking original goods (which does come with its price tag) finds others selling fake goods matching the originals at a much lower rate. Is it permissible to stock these goods? 

And what is the masaail concerning a person purchasing fake goods because the price is right.

Making an effort to repay the debt of one's deceased brother

Q: My brother passed away a few years ago. I knew he had a debt when he was abroad. But I don't know the whereabouts. What can we do for that? 

It's not really possible for us to re-pay his debt as we are not a wealthy family. What can we do for my brother to save him from the hell fire? Sometimes my brother comes in my dream suffering from pain or as tortured telling me to save him. What can I do for him?

Real estate agent taking agency fees

Q: I have two question regarding the agency fees for real estate.

1. Is the agency fees haraam for an agent if he shows numerous real estate properties to numerous clients and then one of the clients, rented or bought a property and the agent takes 10% or so amount of the property sold or half month or the rent for the commission of the agent? 

2. Is this agency fees is haraam for the client to pay to the agent?

The minimum time period of a salam transaction in the Hanafi mazhab

Q: I had learnt in madrasah that among the conditions for the permissibility of a salam transaction is that the period of time from the date of the sale until the date of delivery should be a minimum of one month. If the salam period is less than one month, then the transaction will not be permissible and will not be valid. 

However, I was recently informed that there is another opinion in the Hanafi Mazhab, that even if the the period of time from the date of the sale until the date of delivery is less than one month, the salam transaction will be permissible provided that there is an urf of that nature in the place where one is staying. Is this the correct view in the Hanafi Mazhab?